January 24, 1983

Mr. Dan Beckwith, President 
Huron Public Library 
Board of Trustees 
521 Dakota Avenue 
Huron, South Dakota 57350

Official Opinion No. 83-04

Librarian salaries

Dear Mr. Beckwith:

You have requested an official opinion from this office in regard to the  following factual situation:

FACTS: 

In the 1983 library budget submitted to the Huron City Commission last May, 1982, the Library Board of Trustees included a $1,000 raise in the Librarian's salary.  Since that time, the City Commission has awarded raises in a lesser amount to non-union city personnel.  (The Librarian is non- union.)

Based on the above facts, you have asked the following question:

QUESTION: 

The Library Board of Trustees feels they have the authority to honor their $1,000 raise for the Librarian.  The City of Huron feels the Librarian should receive the same raise as other non-union city personnel.  Who has the authority?

SDCL 14-2-41 provides in pertinent part: 

Each board of public library trustees may: 

. . . 

(5)  Enter into any contracts for the provision of or for the improvement  of public library services.

SDCL 14-2-40 provides: 

Each board of public library trustees shall: 

(1)  Appoint a librarian to serve at the pleasure of the board; 

(2)  Adopt bylaws for the conduct of their business and adopt policies for the selection of public library materials, the governance of the library, and the use of public library services and materials; 

(3)  Prepare and submit an annual budget request to its governing body; 

(4)  Adopt a final annual budget within those funds certified to it as being appropriated in the annual budget of its governing body; 

(5)  Prepare and submit an annual report to its governing body and to the South Dakota state library on such forms as may be provided by the state library.

Since the board of trustees has the power to appoint the librarian and to enter into contracts for the provision of public library services, it is my opinion that the board of public library trustees may set the salary of the librarian within the constraints of the budget.

Subdivision (3) of the above statute requires the library board to prepare and submit 'an annual budget request' to its governing body and subdivision (4) requires the board of trustees to adopt a final budget 'within those funds certified to [the public library] as being appropriated in the annual budget of  its governing body.' I see nothing in this statute revealing an intention on the part of the Legislature to allow the governing body to amend or eliminate line items in the library board's budget.

You do not indicate whether the funds certified to the library board by the governing body pursuant to SDCL 14-2-40(4) included sufficient funds to cover the contract agreement with the librarian.  Assuming the final budget adopted by the library board provides the necessary funding, in my opinion the librarian is entitled to the agreed upon raise.

Respectfully submitted,

Mark V. Meierhenry
Attorney General